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Enforcing Arbitral Awards in India

Enforcing Arbitral Awards in India

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Description
Party autonomy is the primary foundation of arbitration. This has been endorsed by both national laws and international arbitral institution rules and was also enunciated in the Arbitration and Conciliation Act 1996 (the "Arbitration Act"). The Arbitration Act, as originally drafted, was based on the UNC1TRAL Model Law and enacted to minimise the supervisory role of courts in the arbitral process. The legislation aimed to ensure that arbitral awards, whether India seated or foreign seated, were swiftly enforced and executed as a decree passed by a civil court, with extremely narrow grounds of challenge. However, while interpreting the provisions of the Arbitration Act, Indian courts extended their overview of arbitration awards, leading to India being the subject of significant criticism over the last two decades for such failings. The recent amendments to the Arbitration Act in 2015 attempt to deal with both the lacunae found in the operation of law and controversial judicial decisions. This book aims to provide a comprehensive overview related to the enforcement of arbitral awards in India. It is intended as a practical guide to the execution and enforcements of arbitral awards, for both domestic and foreign seated arbitrations. With respect to domestic awards, the book deals with choice of remedies that are available, including issues which arise in setting aside applications, which is a hoop a party may need to cross before an arbitration award becomes executable. For foreign seated arbitration awards, the book analyses the law in India and draws comparisons with the regime set out by the New York Convention. In doing so, it describes the theoretical underpinnings of the Arbitration Act, and its application by the courts over the years. Further, for both domestic and foreign awards ripe for execution, the book comprehensively deals with the provisions of the Civil Procedure Code 1908 under which execution is to take place.
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Contents
1. Form and contents of an Arbitral Award
2. Choice of Remedies Against an Award
3. Mechanism for Enforcement and Execution
4. Setting Aside An Award on the Grounds of Incapacity of Parties and Natural Justice
5. Setting Aside an Award on the Grounds of Arbitrability, Public Policy and Patent Illegality
6. The Application of the New York Convention in India
7. Procedural Challenges to a foreign Award
8. Enforcement of an Annulled at the Seat
9. Public Policy and Arbitrability Challenges to the Enforcement of Foreign Awards in India
10. Manner of Executing an Award
Appendices
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